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RealEstateAnswer
RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 23978
Experience:  9+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I bought a home and let a person live in it. to buy they

Customer Question

i bought a home and let a person live in it .for option to buy they have been in this home for 5 year and they can not qualify to buy the house and they refuse to leave and a judge
say they do not have to i want to sale my property
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 11 months ago.

Good evening. Can you share with me why the Judge said they can stay? Are they renting from you? Is there any written agreement that would allow them to stay?

Customer: replied 11 months ago.
THEY ARE PAYING THE NOTE ON THE HOUSE
Expert:  RealEstateAnswer replied 11 months ago.

Is title to the home in your name? Are they on the loan or are they paying you the amount on the note as rent? What was the purchase agreement? Was this a rent to won type deal?

Customer: replied 11 months ago.
THE TITLE IS ONLY IN MY NAME ONLY WE WENT TO A LAWYER WHEN WE MADE UP A AGREEMENT FOR HER TO PAY THE NOTE UNTIL SHE COULD QUALIFY WITHE 1 YEAR THE LAWYER TOLD HER THIS DOES NOT MEAN YOU OWN THE PROPERTY AFTER 5 YEAR I WANT TO SALE THE PROPERTY AND GET THIS OFF MY CREDIT REPORT
Expert:  RealEstateAnswer replied 11 months ago.

The agreement which was signed and entered into by you and her, is going to control. As such, if she had 1 year to qualify for the loan and buy the home and did not, then her time to perform and require you to sell, would have expired. With that being the case, she would have breached the contract and since she can not buy it, needs to vacate if you sell it. You would need to evict her and no longer accept her paying on the note and show the Judge that while this was a rent to own type of agreement, she had 1 year to perform and obtain financing and has not. As such, you want to evict her, since the home needs to be sold.

Expert:  RealEstateAnswer replied 11 months ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  RealEstateAnswer replied 11 months ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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